Hutchins v. State

The plaintiff in error relied upon a pauper’s affidavit to avoid the payment of the costs in this court. The case was tried in the superior court of Miller county, and tlie pauper *410affidavit is headed: “Georgia, Miller County.” The jurat is signed, “H. H. Grimsley, ex officio J. P., Early County, Ga.”

It is obvious that an affidavit which would not support a prosecution for perjury is not sufficient to .operate as a pauper’s affidavit adequate to relieve a plaintiff in error from the payment of costs. A justice .of the peace has .no authority to perform any of the functions of his office…